Category: Expert Legal Advisor

Sujit Choudhry is famous globally as a result of his vast knowledge on the political and constitutional worlds. He is a professor of law at the University of California, Berkeley. He is the founder of the Center for Constitutional Transitions (law.nyu.edu).

Sujit also functions as a constitutional advisor where he facilitates public political or civil dialogues. Foreign dignitaries have benefitted from him as their advisors. Examples of the countries the dignitaries come from include Sri Lanka, Yemen, Ukraine, Egypt, Jordan and Libya and several others. He has also worked as a consultant for the World Bank and the United Nations Development Program.

Sujit has made publications of over ninety pieces. He is also an author of politically based books mainly based on various the constitution structure. He recently publicized a book chapter in Constitutional Democracies in Crisis? Book. In this chapter he, he is analyzing a December 2017 tweet by Eric Holder (former AG under Obama’s leadership) where Holder mentions that termination of the Special Counsellor of White House, Robert Mueller, is a “red line” which if crossed, a peaceful demonstration will be conducted in response.

In his chapter, Choudhry says that Holder’s outcall to his followers for action is based either on the concept of crossing the constitutional demarcations of U.S. democracy or a determination of the people on whether power has been wrongly abused. According to Choudhry’s text, Holder indicates that the people’s reaction will determine the outcome of the issue resolution.

Sujit Choudhry holds a sense of surprise that Holder takes the case to the people instead of the courts since Holder knows that a court cannot warrant the wrong behavior of a public authority in connection to constitutional rules as such. So he takes it out to the public. Choudhry writes that Holder’s tweet is an expression of the failure of democracy.

He also indicates that another area democracy has failed in the two-term presidential limit across the world. If a president used his power to lengthen his stay, it would send his opponents to mobilize citizens in the streets for demonstration. Sujit Choudhry lists several other points expressing why he feels constitutional democracy has failed.

The current global political landscape especially in the United States is marked by intriguing events that are increasingly undermining constitutional democracy as the primary foundation of governance. Ethnic divisions, authoritarianism and transitional injustice are some of the issues that continue to threaten the constitutional democracies. While writing a constitutional commentary on the recent political intrigues in the United States and abroad, Sujit Choudhry, a law scholar and a specialist in comparative law and constitution-based conflict resolution, points that constitutional democracy in the country has been corroded over the past few years. In the commentary in a book that is yet to be published, Choudhry also argues that the presidency an institution of power has increasingly become autocratic (works.bepress.com)

While commenting on a tweet by former U.S. Attorney General Eric Holder on the interference and possible termination of special counsel Robert Mueller’s mandate by the White House, Sujit Choudhry believes such actions would have crossed the imaginary yet symbolic red line of American democracy. He points out that Holder’s call to Americans to act if Mueller’s duties are tampered with points to the constitutional self-enforcement that do not legal redress. Other examples of crossing of the red line and democratic failures that may call for mass action include subtle or direct violation of presidential term limits, electoral fraud and coup d’états. Sujit also argues that the recent travel bans announced by President Donald Trump are also examples of these failures. However, his commentary that focuses on the evolution of constitutional democracy is not confined to the U.S. He also highlights how it has been eroded in Poland by the current government through subtly constitutional housekeeping tactics with short and long term implications.

Sujit Choudhry’s insight on constitutional issues stem from a wealth of experience and strong academic background. His in-depth understanding of comparative law has seen him work for various global bodies such as the World Bank and the United Nations as an advisor and mediator (constitutionaltransitions.org). He is also a researcher who has played a vital role in developing constitutions for various nations including Tunisia, Sri Lanka and Libya among others. He currently works at the Center for Constitutional Transitions.

Sujit Choudhry is The J. Michael Heyman Professor of Law at The University of California Berkeley School of Law (blogs.law.nyu.edu). Choudhry provides analysis on issues pertaining to constitutional law and politics. Choudhry has spoken at different events throughout the World, including places such as Jordan, Nepal, Sri Lanka, Tunisia, and Yemen.

Choudhry holds multiple law degrees and was also honored as a Rhodes Scholar. Over his 20 career, Choudhry has helped facilitate dialogue between society groups and stakeholders, trained bureaucrats, and worked alongside technical experts to perform advisory work. Choudhry has published over 70 different articles and reports (works.bepress.com)

Choudhry’s most recent article examines the state of constitutional democracies. Choudhry analyzes a tweet by former Attorney General Eric Holder, who warned the public about the potential impact of firing White House Special Counsel Robert Mueller. Choudhry believes that Holder’s tweet is implying that the reaction of the American people will influence any decisions made concerning Mueller’s job status.

Choudhry also notes that some people are in favor of having presidential terms amended if there is a state of emergency. Choudhry feels that disregarding term limits is another way that politicians could potentially take away democratic power from the citizens.

Choudhry looks at Poland’s Law and Justice Party. The Polish government has looked to undermine the importance of Poland’s constitutional democracy in order to assert its power during future voting cycles. Choudhry notes how Poland’s new rules concerning issues such as voting and the assignment of judges to specific cases should be taken as a threat to constitutional democracy.

Sujit Choudhry believes that political legitimization can only occur through democracy. However, the lines have been blurred due to a constant power struggle between democracy and dictatorship. Choudhry agrees with Nancy Bermeo’s view that while democracy is built step by step, it can be taken apart in the same fashion. Choudhry believes that there is a correlation between Holder’s tweet and the Polish democracy situation. Choudhry fears that the legal system will dissolve because neither liberals or conservatives will admit when they are wrong.